Per Federal Register - Va Proposes To Reorganize And Rewrite Regulations

[chr49]

I'm not sure this is the correct forum to post the following. Moderators please move to appropriate forum if needed.

Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules

"The Department of Veterans Affairs (VA) proposes to reorganize and rewrite in plain language its regulations

concerning service-connected and other disability compensation. These revisions are proposed as part of VA’s

reorganization of all of its compensation and pension regulations in a logical, claimant-focused, and user-friendly

format. The intended effect of the proposed revisions is to assist claimants, beneficiaries, and VA personnel in locating and understanding these regulations."

Federal Register link:

DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 5 RIN 2900–AM07 Service-Connected and Other Disability Compensation

[john999]

They probably think too many vets are getting compensation.

[Chuck75]

Correct section aside--

A key section , 5.261, is missing. This section has the capability/potential of allowing the VA to write regulations restricting compensation for such things as A.O. presumptives, namely DMII and IHD,

My pessimistic thoughts for today!

It's not so much about family history as it is about the VA twisting things to it's ends.

Based upon familial medical history. The eventual VA logic might be ---

Family history positive for the disease.

Did A.O. cause or aggravate the disease? Require that the veteran prove aggravation if there is a positive family history.

What degree of family history. Any ancestor? members of immediate family? etc.

With family history positive, a veteran might have to show that

the disease is more severe than family history, or had an earlier onset, etc.

This puts thing into a gray area that ROs love to exploit as a reason to deny.

I'm not sure this is the correct forum to post the following. Moderators please move to appropriate forum if needed.

Federal Register / Vol. 75, No. 169 / Wednesday, September 1, 2010 / Proposed Rules

"The Department of Veterans Affairs (VA) proposes to reorganize and rewrite in plain language its regulations

concerning service-connected and other disability compensation. These revisions are proposed as part of VA's

reorganization of all of its compensation and pension regulations in a logical, claimant-focused, and user-friendly

format. The intended effect of the proposed revisions is to assist claimants, beneficiaries, and VA personnel in locating and understanding these regulations."

Federal Register link:

DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 5 RIN 2900–AM07 Service-Connected and Other Disability Compensation

Edited September 25, 2010 by Chuck75

[chr49]

Correct section aside--

A key section , 5.261, is missing. This section has the capability/potential of allowing the VA to write regulations restricting compensation for such things as A.O. presumptives, namely DMII and IHD,

My pessimistic thoughts for today!

It's not so much about family history as it is about the VA twisting things to it's ends.

Based upon familial medical history. The eventual VA logic might be ---

Family history positive for the disease.

Did A.O. cause or aggravate the disease? Require that the veteran prove aggravation if there is a positive family history.

What degree of family history. Any ancestor? members of immediate family? etc.

With family history positive, a veteran might have to show that

the disease is more severe than family history, or had an earlier onset, etc.

This puts thing into a gray area that ROs love to exploit as a reason to deny.

I tend to have a pessimistic point of view too. There's so much to go thru and so many ways the VA can twist things. What bothers me is how quietly this has been put thru the system. I hadn't heard about it until I stumbled on it while searching for something else.

[chr49]

Correct section aside--

A key section , 5.261, is missing. This section has the capability/potential of allowing the VA to write regulations restricting compensation for such things as A.O. presumptives, namely DMII and IHD,

Chuck75

I searched the .pdf for 5.261 and found 4 references to 5.261 (d) & (f) within in the RIN 2900–AM07 so they don't appear to be omitting it but they aren't making it easy to find out either. After reading the following statement it doesn't sound like they are making changes to that section....but who knows?

"For the text of proposed § 5.261(f), which is cross-referenced in proposed § 5.251(d), see 69 FR 44625(July 27, 2004)"

Edited September 25, 2010 by chr49